Lucas v. Hunt
Court of Appeals of Kentucky
Case 52 — PETITION ORDINARY — APPEAL from warren circuit court. The burden of proof was upon the plaintiff, and he had the right to conclude the argument to the jury. (Branham v. Berry, 4 Ky. Law Rep., 413; Johnson v. Clem, Idem, 860; Duffy v. Casey, MS. Op., 3 Ky. Law Rep., 334; McMinimy v. Airs, 4 Ky.
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Case 52 — PETITION ORDINARY — APPEAL from warren circuit court. The burden of proof was upon the plaintiff, and he had the right to conclude the argument to the jury. (Branham v. Berry, 4 Ky. Law Rep., 413; Johnson v. Clem, Idem, 860; Duffy v. Casey, MS. Op., 3 Ky. Law Rep., 334; McMinimy v. Airs, 4 Ky. L. R., 905; 2 Thompson, sec. 1612; Pomeroy’s Remedies, sec. 624; Thompson on Trials, ^_secs. 1612 et seq.; Lawson’s Rights, Remedies and Practice, vol. 3, 'secs. 1083 to 1098.) Brief not in record.
1Opinion of the Court
JUDGE PRYOR
dkliveked the opinion op the coukt.
This, was an action for malicious prosecution, and the only question is as to the burden of proof. Was it on the plaintiff or the defendant?
If the case had been submitted without any testimony, the verdict would have been for the defendant. The essential averments of want of probable cause and malice are found in the petition, and. both denied by the answer. The appellee relies upon facts affirmatively pleaded constituting, as is alleged, probable cause for having the appellant arrested on a charge of felony, and admits the release or discharge of…
2Cases cited2 opinions
- Brown v. MorrisCourt of Appeals of Kentucky · 1867
- Ullman v. AbramsCourt of Appeals of Kentucky · 1873
3Cited by7 opinions
- Louisville Nashville Railroad Co. v. HargisCourt of Appeals of Kentucky (pre-1976) · 1929
- Mattingly v. ShortellCourt of Appeals of Kentucky · 1905
- Doerhoefer v. ShewmakerCourt of Appeals of Kentucky · 1906
- Home Insurance v. CrowderCourt of Appeals of Kentucky · 1915
- United Benefit Life Ins. Co. v. Schott, Etc.Court of Appeals of Kentucky (pre-1976) · 1943
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